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Poster: archivemovie123 Date: Apr 5, 2010 3:31pm
Forum: feature_films Subject: AG Show PD?

I know I've seen tons of companies sell 16 AndyGriffith Show episodes, but are they PD? If so how do we know?

I had a copy of FilmSuperlist for awhile and it stopped recording information for films after 1959.

This post was modified by archivemovie123 on 2010-04-05 22:31:06

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Poster: HektorT Date: Apr 5, 2010 3:47pm
Forum: feature_films Subject: Re: AG Show PD?

You need to look in the Catalog of Copyright entries that was published up until 1978. You can get it in major libraries.

I read that the Film Superlist was compiled by a staff who had the CCE for all years and compared listings and renewals of all films for the years that it covered. If a film was initally copyrighted but not renewed it was put into the book. I don't know if it covers films that were never registered the first time.

For Andy Griffith if you google "Andy Griffith Public domain" you can get all of the following info in the first ten results...

Wikipedia: Sixteen episodes from the show's third season (in public domain) are available on discount DVDs.

From IMDB you get a list of the 16 episodes, plus the info that the theme song is not PD (like bonanza):
http://www.imdb.com/title/tt0053479/trivia

But here: http://www.techdirt.com/articles/20080509/0229381071.shtml It says that a court has ruled that those episodes are derivatives of earlier episodes and are therefore not in the PD. He doesn't state the court case, and that sounds suspect...

Anyway the 16 episodes are listed by Buyout Footage as being PD:
http://www.buyoutfootage.com/pages/pd_tv_andygriffith.html
But these houses generally will look for the most lenient interpretations of copyright law so they can sell as much as possible.

I would say that if there is a court case ruling that it is not PD, then it is "use at your own risk"!

But here is a list of the Andy Griffith shows found on this website:
http://www.archive.org/search.php?query=subject%3A%22Andy%20Griffith%22


This post was modified by HektorT on 2010-04-05 22:47:06

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Poster: HektorT Date: Apr 6, 2010 3:32am
Forum: feature_films Subject: Re: AG Show PD?

Still reading about the Andy Griffith, bizarre ruling. Then I came across this:

http://www.digitalspy.co.uk/movies/a212595/fellini-copyright-holder-loses-in-court.html?imdb

Where a judge ruled yesterday that "it is possible' for Fellini's "La Dolce Vita" to be in the Public Domain.

Since that movie was registered and properly renewed, it just goes to show that sometimes it's impossible to know how it will be decided. Presumably in this case the party claiming rights couldn't prove that it owned the copyright, in which case it would be an orphan work, not public domain. I think a big Supreme Court ruling will have to come soon because the circuit court judges are deciding all manner of things and it seems that nobody wants to spend enough money to appeal and fight a case where the law can be very vague.

Then one law firm explains the Andy Griffith ruling as follows:

"TIP: If trying to determine whether it is possible to use a work in the public domain, especially a work that is part of a series, think not only about whether the particular work or episode is protected, but also whether anyone has rights in the underlying or prior works on which it is based."

www.winston.com/index.cfm?contentid=34&itemid=2488

So a porn film based on La Dolce Vita is not copyright violation of a copyrighted film, because the company bringing the lawsuit didn't sufficiently prove it is the copyright holder. And 16 uncopyrighted episodes of a TV series are not in fact public domain, because they are based on the preceding episodes which are not PD. The Public Domain is not so easy to figure.

This post was modified by HektorT on 2010-04-05 23:10:26

This post was modified by HektorT on 2010-04-05 23:16:26

This post was modified by HektorT on 2010-04-06 10:32:44